Legal Definitions - Waiver

A Waiver occurs when an individual or entity knowingly and voluntarily relinquishes a legal right, claim, or privilege that they are entitled to.

Here are some examples to illustrate the concept of a waiver:

• Example 1: Consumer Rights
  A customer purchases a new appliance that comes with a standard one-year manufacturer's warranty. During the checkout process, they are offered an extended warranty for an additional cost. The customer declines the extended warranty, understanding that by doing so, they are choosing not to have coverage beyond the initial one-year period. If the appliance breaks down in the second year, they cannot claim coverage under an extended warranty they chose not to purchase.

  Explanation: The customer, by declining the extended warranty, knowingly and voluntarily waived their right to additional coverage beyond the standard manufacturer's warranty.

• Example 2: Legal Proceedings
  In a civil lawsuit, a party might have the right to request certain documents or information from the opposing side through a process called "discovery." If that party fails to make such a request within the court-mandated deadlines, or explicitly states they do not need the information, they may be deemed to have given up their right to obtain those documents later in the proceedings.

  Explanation: By not exercising their right to discovery within the proper timeframe or explicitly stating they don't need it, the party has waived their ability to demand that information later in the case.

• Example 3: Contractual Agreements
  A landlord has a strict "no pets" clause in their lease agreement. However, when a new tenant moves in with a small, well-behaved cat, the landlord verbally tells the tenant that it's "fine for now" and does not enforce the clause for several months. Later, when the cat causes minor damage, the landlord tries to evict the tenant based on the "no pets" clause.

  Explanation: By consistently failing to enforce the "no pets" clause for an extended period, the landlord may have implicitly waived their right to enforce that specific term of the lease, at least regarding that particular pet, making it difficult to use it as a basis for eviction without prior notice.